Gram sabha land
Ajay
(Querist) 01 April 2016
This query is : Resolved
There is privately owned school running for more than 20 years, at Gram sabha land in the village. Can the school continue to run by the individual or ownership can be removed?
dr g balakrishnan
(Expert) 01 April 2016
school got the land under adverse possession right of ownership as it has crossed first 12 years and you say it is continuously running for 20 years.
Rajendra K Goyal
(Expert) 01 April 2016
Is any problem faced by the school now, if so, what is the problem?
Full facts and the documents has to be referred, discuss with local layer, show him all the documents.
Dr J C Vashista
(Expert) 02 April 2016
What is the problem and how you are concerned?
Consult a local lawyer with all details of the case for proper opinion and guidance.
Ajay
(Querist) 03 April 2016
Actually now the new gram pradhan has complaint against the school for illegal acquisition of land and he wants it to be removed. People who run the school from very beginning were fully dependent on it for thier income. There is land nearby the school which is owned by the school manager and in order to settle the issue he is willing to exchange his land with the land of gram sabha on which the school was built. Is there any way that the school can be regularised and ownership remain rested with its manager? What can be done legally so as to resolve the case?
Ajay
(Querist) 03 April 2016
Actually now the new gram pradhan has complaint against the school for illegal acquisition of land and he wants it to be removed. People who run the school from very beginning were fully dependent on it for their income. There is land nearby the school which is owned by the school manager and in order to settle the issue he is willing to exchange his land with the land of gram sabha on which the school was built. Is there any way that the school can be regularised and ownership remain rested with its manager? What can be done legally so as to resolve the case?
Guest
(Expert) 03 April 2016
You should have stated name of state first
Local govt. day to day function as per Act passed by Legislative assembly .
There is no individual legally it is Local Govt
How is School established , Whether trust etc. or some Private individual ?
Whether permission from Education dept. of District you have? and information thereof?
Whether you are just running school without any permission from education department on some one land which does not belong to you or school legally ?
People who are depended upon school for income whether they are qualified as per education dept. or just they are their
It seems School may be illegal school functioning without any permission or proper staff as per norms laid down by Education department of your state
How can individual be owner of land of school ? Generally Trust is formed , Trust is registered under Public Trust act , It has to take proper permission of starting education institution from education dept. of your district . They also check some time all land record details etc. Then they grant permission, Additionally you should have qualified staff as per Education dept. terms and condition .
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Whole seems to be ambiguous legally messed.
I will tell you process of establishment of Proper School in our state.
1) You need to form Public Trust for Educational Purpose under State Public Trust Act.
2) Then you should have some funds in that Trust account as per rules
3) Then you move application to Thesildar /District Collector for allotment of land for this public trust for educational purpose for starting school
4) They refer the matter to land record dept. to see if land is available, some time if more land is available with Local Govt. then they check from local govt you have to co-ordinate all
5) Once Suitable Govt land /local govt land is found then as per Land Revenue Code , Grant of Land Chapter , Disposal of Govt. Land Rules . After fulfilling all terms and conditions laid by state govt. Land is allotted to Trust with terms and conditions and registered Deed is made with Collector or state representative
6) Then you have to construct school , So before allotting land they see if Trust have sufficient fund for construction of school
7) When school is completed you have to approach Education dept. with all documents and then they give interim permission
8) Then you Trust have to appoint teachers , and staff as per rules laid down by education dept. their education certificates etc. is also verified etc.
9) Students who are out of school are transferred are admitted in school . At same time students who are not in recognized school too are transferred here
10) After this as per rules of education dept. school runs, Land is owned by Govt/local govt but given on lease etc. with terms and condition that it will be used only for school or education purpose
11) If yours is remote area or backward area or village area chances are that you get land free or concession rate. But in cities even trust have to pay for land to Govt.
12) Then trust have to comply with charity commissioner , Collector , Education dept. every thing which they require. And Principal and Teacher concentrate on Education.
This is how education /School institute is established legally. Whatever you have done seems not proper after my knowledge in my state
